End User License Agreement for Kaspersky Rescue Disk 18
Kaspersky Rescue Disk 2018 END USER LICENSE AGREEMENT AND
KASPERSKY LAB END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”)
PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE YOU START USING THE SOFTWARE.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
BY RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
ALSO RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE.
IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER THE CURRENT LICENSE AGREEMENT.
SECTION A. GENERAL PROVISIONS
1.1. Software means software including any Updates and related materials.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means AO Kaspersky Lab, a company incorporated according to the laws of the Russian Federation.
1.3. Computer(s) means hardware, including personal computers, laptops, workstations, personal digital assistants, "smart phones", handheld devices, or other electronic devices for which the Software was designed where the Software will be installed and/or used.
1.4. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, "You" further means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term "organization", without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.5. Partner(s) means organizations or individual(s) who distribute the Software based on an agreement and license with the Rightholder.
1.6. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs, etc.
1.7. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
2. Grant of License
2.1. The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, and display ("to use") the free of charge Software that will substantially perform within the scope of functionality described in the User Manual.
2.2. The Licensee has the right to copy and distribute the software, to assign the right of use the Software to a third party individual(s), and to use the software to restore the operability of third-party computers, including for commercial gain.
2.3. From the time of the Software installation You have the right to receive the following services:
- Updates of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Аny Updates that you may receive become part of the Software and the terms and conditions of this Agreement apply to them;
- Access to information and auxiliary resources of the Rightholder.
3. Activation and Term
3.1. The Software can be used free of charge and without time limit upon your acceptance of this Agreement.
3.2. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License.
4. Technical Support
4.1. No Technical Support is provided.
4.2. Product consulting is available at https://community.kaspersky.com according to the rules of the Community.
4.3. Unassisted search for information related to Software is available at https://support.kaspersky.com/faq/search.
5.1. You agree that the Software is provided with an enabled automatic update option which provides automatic downloading and installation of improvements, fixes, enhancements and/or modifications of the Software and its components, including new versions of the Software. This option can be switched off in the Software settings.
5.2. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiverable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.
5.3. You shall not rent, lease or lend the Software to any third party.
5.4. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
5.5. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.
6. Limited Warranty and Disclaimer
6.1. The Rightholder guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the User Manual provided however that such limited warranty shall not apply to the following: (w) Your Computer’s deficiencies and related infringement for which Rightholder’s expressly disclaims any warranty responsibility; (x) malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than Rightholder; or any other third parties’ or Your actions or causes beyond Rightholder’s reasonable control; (y) any defect not made known by You to Rightholder as soon as practical after the defect first appears; and (z) incompatibility caused by hardware and/or software components installed on Your Computer.
6.2. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.
6.3. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.
6.4. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.3 of this Agreement.
6.5. The Software is not intended to permanently protect the computer from threats. For an updated version of the Software, please visit the website of the Rightholder.
6.6. You acknowledge that the Software will be provisioned with Kaspersky standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.
6.7. THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
7. Exclusion and Limitation of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
8. GNU and Other Third-Party Licenses
8.1. The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code "Open-Source Software"). If such licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code should be made available by sending the request to email@example.com or the source code is supplied with the Software. If any Open-Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open-Source Software program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.
9. Intellectual Property Ownership
9.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its partners and that the Rightholder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the Russian Federation, European Union and the United States, as well as other countries and international treaties. This Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of the Rightholder and/or its partners ("Trademarks"). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Rightholder reserves all rights not expressly granted to you in this Agreement.
9.2. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.
10. Governing Law; Arbitration
10.1. Except as provided in Clauses 10.2 and 10.3 below, this Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Software, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Software in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and U.S. Virginia Islands. If you obtained the Software in the United States, Puerto Rico,
American Samoa, Guam or the U.S. Virgin Islands, the laws of the State of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Software in a member country of the EU, the laws of Germany.
f. Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administration Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Software in Japan, the laws of Japan.
j. Any Other Country or Territory. If you obtained the Software in any other country, the substantive laws of the country where the purchase took place would be in effect.
10.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Clause 10.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
10.3. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.
11. Period for Bringing Actions
11.1. No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
12. Entire Agreement; Severability; No Waiver
12.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to the subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
13. Class Action Waiver and Binding Arbitration
13.1. If you reside in the United States, this Clause 13 applies to you. If a dispute, claim, or controversy of any kind with respect to any Kaspersky Lab product, service, or any part of this agreement, arises between You and Kaspersky Lab or You and a third-party affiliate of Kaspersky Lab, and both parties couldn't resolve the dispute informally within a reasonable period of time, You and the other party agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Any proceedings, including but not limited to class action lawsuits, class-wide arbitrations, private attorney-general actions, the combining of individual actions without the consent of all parties, or any other legal procedure where someone acts in a representative capacity, are not permitted. By accepting this agreement, You agree not to begin or participate in any of the above mentioned class and multi-party proceedings, and any action pursued by You and remedy, if any awarded to You, must be on an individual basis, as provided in this clause. In the event of a binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. If any conflict exists between this agreement and the rules of the AAA, this agreement shall govern.
13.2. Any dispute, claim, or controversy concerning Kaspersky Lab's intellectual property rights, their enforcement, validity, etc., and any claim pertaining to any form of unauthorized use, including but not limited to theft and piracy, of any Kaspersky Lab product or service are not subject to this arbitration clause.
14. Rightholder Contact Information
Should you have any questions concerning this Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Service Department at:
AO Kaspersky Lab, 39A/3 Leningradskoe Shosse
Moscow, 125212 Russian Federation
Web site: www.kaspersky.com
SECTION B. CONDITIONS REGARDING DATA PROCESSING
Please read the conditions of the Section “Conditions regarding data processing.” This Section describes data received from You and/or from Your Computer and the manner by which the Rightholder will process data for the performance of this License Agreement. If the Software is used within a legal entity or on the Computer used by several individuals, You must ensure that they have understood and accepted the conditions of the Section “Conditions regarding data processing” before they use the Software.
1. For the Rightholder and/or its Partners to fulfill their obligations under this License Agreement, the Rightholder needs to receive and process information described in Section B Clause 1 for the declared purposes. Such information may be considered personal according to applicable laws of certain countries.
• Providing You with the core functionality of the acquired Software.
The core functionality of the Software as described in the User Manual is to check the Computer for information security threats and remove them. To provide this core functionality, while You are using the Software the Rightholder has to receive from Your device and process information about the installed Software, the scanned objects, detected threats and infections on the Computer, information about the Computer and devices connected thereto, specifically:
- information about the Rightholder’s Software: its full version, type, locale language and operation state, version of the installed Software components and their operation state, information about the installed updates, the version of the protocol used to connect with the Rightholder’s services; unique identifier for the installation of the Software on the Computer and unique identifier of the Computer with the installed Software;
- information about the software installed on the Computer: name of the software applications and software vendors, registry keys and their values, information about files of the installed software components (checksums (MD5, SHA2-256, SHA1), name, path to the file on the Computer, size, version and the digital signature);
- information about scanned objects: sizes of file scanned and its checksums (MD5, SHA2-256), the flag indicating whether the object is a container, file type code, file format identifier, executable file flag, the identifier of the scan task, attribute of detection of the setup file in debugging mode, checksum (MD5) of the pattern collected on the object and pattern size in bytes, technical parameters of the applicable detection technologies, identifiers for the anti-virus databases the Software used to make a decision, version, and type of the anti-virus database record, date and time of the most recent update of anti-virus databases installed on the computer;
- information about computer security scans: signs of automatic start-up and successful completion of scans, the scan progress icon, the type, the result of scan;
- information to determine the reputation of files and URL-addresses: the checksum of the scanned file (MD5, SHA2-256), the normalized URL-address at which the reputation is being requested, the connection’s protocol identifier and the number of the port being used;
- information about emulation of the executable file: file size and its checksums (MD5, SHA2-256), the version of the emulation component, emulation depth, an array of properties of logical blocks and functions within logical blocks obtained during the emulation, data from the executable file’s PE headers, file’s entropy, checksum (MD5) of the pattern collected on the object and pattern size in bytes;
- information about detected objects and vulnerabilities: the name of the detected object, size, the full path to the object on the Computer, code of the path template, checksums (MD5, SHA2-256) of the files being processed, detection date and time, the flag indicating whether the object is a container, file type code, file format identifier, name of the detected threat according to the Rightholder’s classification, the identifier of the scan task which detected the threat, flag of the reputation verification or file signature verification, attribute of detection of the setup file in debugging mode, technical parameters of the applicable detection technologies, the vulnerability ID in the database of vulnerabilities, the vulnerability danger class, identifiers for the anti-virus databases the Software used to make a decision, version, and type of the anti-virus database record, date and time of the most recent update of anti-virus databases installed on the computer;
- if a potentially malicious object is detected, information is provided about data in the processes’ memory: data in UEFI BIOS memory, names of registry keys and their values;
- information about events in the systems logs: the event’s timestamp, the name of the log in which the event was found, type and category of the event, name of the event’s source and the event’s description;
- information about the last unsuccessful OS restart: the number of unsuccessful restarts since OS installation;
- information about hardware installed on the Computer: type, name, model name, firmware version, parameters of built-in and connected devices;
- information about the versions of the operating system and installed updates, the word size, edition and parameters of the OS run mode, version and checksums (MD5, SHA2-256, SHA1) of the OS kernel file;
- information about applications and their modules: data about processes running on the system, data about digital certificates being used and information needed to verify their authenticity, or information about the absence of a file's digital signature), and information about the modules loaded into the processes (their names, sizes, types, creation dates, attributes, checksums (MD5, SHA2-256, SHA1), the paths to them on the Computer), PE-file header information, names of packers (if the file was packed);
- trusted executable, suspicious executable, non-executable files or their parts;
- sectors involved in the process of booting the OS;
- web pages and emails containing suspicious and malicious objects;
- description of the classes and instances of classes of the WMI repository;
- application activity reports.
Such application activity reports contain the following data about files and processes:
- the name, size and version of the file being sent, its description and checksums (MD5, SHA2-256, SHA1), file format identifier, the name of the file’s vendor, the product name to which the file belongs, full path on the Computer, template code of the file path, the creation and modification timestamps of the file;
- start and end date/time of the validity period of the certificate (if the file has a digital signature), the date and the time of the signature, the name of the issuer of the certificate, information about the certificate holder, the fingerprint, the certificate’s public key and appropriate algorithms, and the certificate’s serial number;
- the name of the account from which the process is running;
- checksums (MD5, SHA2-256, SHA1) of the name of the Computer on which the process is running;
- titles of the process windows;
- identifier for the anti-virus databases, name of the detected threat according to Rightholder’s classification;
- data about the installed license, its identifier, type and expiration date;
- local time of the Computer at the moment of the provision of information;
- names and paths of the files that were accessed by the process;
- names of registry keys and their values that were accessed by the process;
- URL and IP addresses that were accessed by the process;
- URL and IP addresses from which the running file was downloaded.
2. If You decide not to provide the information necessary for the Rightholder to perform its obligations under this License Agreement as indicated in the Section “Conditions regarding data processing,” You do not agree to the conditions of this License Agreement. In this case, please discontinue installation and/or remove the Software.
© 2019 AO Kaspersky Lab. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
AO Kaspersky Lab, located at bldg. 3, 39A, Leningradskoe Shosse, Moscow, 125212, Russian Federation and all companies belonging to the group "Kaspersky Lab" respect your privacy. On account of Article 27 (1) of Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”) our representative in the EU for data protection is:
Kaspersky Labs GmbH, Despag-Strasse 3, 85055, Ingolstadt, Germany, firstname.lastname@example.org, +49 (0) 841 98 18 90.
This policy may be changed because of changes in legislation, the requirements of the authorities or to reflect changes in our practices concerning the processing of personal data. The revised policy will be posted on our website and will be effective immediately upon being posted. You can read at any time the policy currently in effect on our website: www.kaspersky.com/Products-and-Services-Privacy-Policy.
This version of the policy is effective as of July 18, 2019.
The Sources of Information
Kaspersky Lab may obtain information about you from various sources, namely:
• products and services;
• by your signing up for a Kaspersky Lab products or services;
• in response to technical support or other communication in order to ensure the required performance of products and services;
• on our websites;
• in response to marketing or other communications;
• through participation in an offer, program or promotion.
If you provide us with any information or material relating to another individual, you should make sure that this sharing with us and our further use as described to you from time to time are in line with applicable laws; thus, for example, you should duly inform that individual about the processing of her/his personal data and obtain her/his consent, as may be necessary under applicable laws.
You may also choose to consent to third parties disclosing information about you to us that those third parties have received.
Information Provided by Users and How We Use Information
Personal data processing by Kaspersky Lab is always carried out in a legal and fair manner.
You will always know what kind of information you provide to Kaspersky Lab before you start to use the products and services. The data which you provide depends on the services, products, and features you use. For more information about data you provide, please refer to End User License Agreement, Kaspersky Security Network Statement and other documentation of product and services that you use, especially:
FOR HOME USERS (B2C):
• SECTION "B" OF THE EULA, WHICH DESCRIBES THE DATA THAT NEED TO BE PROCESSED IN ORDER TO PERFORM OBLIGATIONS UNDER THE CONTRACT;
• KASPERSKY SECURITY NETWORK STATEMENT, WHICH DESCRIBES THE DATA THE PROCESSING OF WHICH MAY INCREASE THE REACTION SPEED OF PRODUCTS AND SERVICES IN THE EVENT OF THREATS TO INFORMATION SECURITY;
• MARKETING STATEMENT, WHICH DESCRIBES THE DATA THE PROCESSING OF WHICH MAY IMPROVE THE PERFORMANCE OF PRODUCTS AND WILL ENABLE AN ASSESSMENT OF USER SATISFACTION REGARDING PRODUCT USE;
• SEPARATE STATEMENTS RELATING TO SPECIFIC PRODUCT FEATURES, WHICH DESCRIBE THE DATA PROCESSED DURING THEIR USE, FOR EXAMPLE, ANTI-SPAM. YOU CAN FAMILIARIZE YOURSELF WITH SUCH STATEMENTS WHEN YOU TURN ON THE FEATURES IN THE PRODUCT.
FOR BUSINESS USERS (B2B):
• SECTION "CONDITIONS REGARDING DATA PROCESSING" OF THE EULA, WHICH DESCRIBES THE DATA THAT NEED TO BE PROCESSED IN ORDER TO PERFORM OBLIGATIONS UNDER THE CONTRACT;
• KASPERSKY SECURITY NETWORK STATEMENT, WHICH DESCRIBES THE DATA THE PROCESSING OF WHICH MAY INCREASE THE REACTION SPEED OF PRODUCTS AND SERVICES IN THE EVENT OF THREATS TO INFORMATION SECURITY. FOR SOME PRODUCTS, THE IT ADMINISTRATOR OR ANY OTHER EMPLOYEE RESPONSIBLE FOR SETTING UP THE PRODUCT CAN CHOOSE THE VOLUME OF DATA TO BE PROCESSED.
• SEPARATE STATEMENTS RELATING TO SPECIFIC PRODUCT FEATURES, WHICH DESCRIBE THE DATA PROCESSED DURING THEIR USE, FOR EXAMPLE, KSN STATEMENT, MARKETING STATEMENT, ANTISPAM STATEMENT, SUPPLEMENTAL STATEMENT, AND STATEMENT REGARDING DATA PROCESSING FOR KASPERSKY MANAGED PROTECTION. YOU CAN FAMILIARIZE YOURSELF WITH SUCH STATEMENTS WHEN YOU TURN ON THE FEATURES IN THE PRODUCT.
The data obtained for processing depends on the product or service, and it is recommended that users carefully read the agreements and related statements accepted during installation or usage of software or service.
Some data are non-personal, according to laws of certain countries. Regardless of the type of data and territory where data was received or processed, we use the highest standards of data protection and apply various legal, organizational, and technical measures in order to protect user data, guarantee safety and confidentiality, as well as ensure users’ rights guaranteed under applicable law.
The data depends on the products and services you use, and could include the following:
• License/ subscription information
It is processed in order to recognize legitimate users. This data is needed to maintain communication between the product and Kaspersky Lab services – sending and receiving product databases, updates, etc.
• Product information
Data on the product’s operation and its interaction with the user is also analyzed. For example, how long does threat scanning take? Which features are used more often than others? Answers to these and other questions help developers to improve products, making them faster and easier to use.
• Device data
Data such as device type, operating system, etc. may be needed so the user doesn’t have to buy a new license for the security product after reinstalling the operating system. This information also helps us to analyze cyberthreats, because it shows how many devices are affected by any specific threat.
• Threats detected
If a threat (new or known) is found on a device, information about that threat is sent to Kaspersky Lab. This enables us to analyze threats, their sources, principles of infection, etc., resulting in a higher quality of protection for every user.
• Information on installed applications
This information helps to create lists of "white" or harmless applications and prevents security products from mistakenly identifying such applications as malicious. This data is also used to update and extend program categories for features like Parental Control and Application Startup Control. In addition, this information helps us to offer users security solutions that best match their needs.
• URLs visited
URLs can be sent to be checked whether they are malicious. This information also helps to create lists of "white" or harmless websites and prevents security products from mistakenly identifying such websites as malicious. This data is also used to update and extend website categories for solutions like Kaspersky Safe Kids and provide better protection for financial transactions in such products as Kaspersky Fraud Prevention. In addition, this information helps us to offer users security solutions that best match their needs. Information about logins and passwords, if contained in the initial browser request from the user, is removed from the visited URL addresses up to the hostname or IP address. In any case, it is not Kaspersky Lab's purpose to process user logins and passwords, and Kaspersky Lab takes all reasonable and sufficient measures to avoid processing these data.
• Operating System events
New malware can often be identified only by its suspicious behavior. Because of this, the product analyzes data on processes running on the device. This makes it possible to identify early on processes that indicate malicious activity and to prevent any damaging consequences, such as the destruction of user data.
• Suspicious files and files that could be exploited by intruders
If an (as yet) unknown file, exhibiting suspicious behavior is detected on a device, it can be automatically sent for a more thorough analysis by machine learning-based technologies and, in rare cases, by a malware analyst. The ‘suspicious’ category includes mainly executable files (.exe). For the purpose of reducing the likelihood of false positives, executable and non-executable "white files" or their parts may be sent.
• Wi-Fi connection data
This information is analyzed in order to warn users of insecure (i.e., poorly protected) Wi-Fi access points, helping to prevent personal data from being inadvertently intercepted.
• User contact data
Email addresses are used for authorization on the Kaspersky Lab web portals (My Kaspersky, Kaspersky Company Account, Kaspersky Endpoint Security Cloud, etc.), which enables users to manage their protection remotely. Email addresses are used to send security messages to (e.g., containing important alerts) to users of Kaspersky Lab products. Users can also choose to specify the names (or nicknames) by which they would like to be addressed on the My Kaspersky portal and in emails. Contact information is provided by users at their own discretion.
• Dump and trace files
By checking the special box in the product settings, users can also share error reports with Kaspersky Lab servers. This information helps (1) during analysis of errors that occurred in the product and to modify it accordingly so that it will function more effectively moving forward, and (2) in the investigation of infection of a user’s computer in order to mitigate threats to a user’s system.
• Content of your emails
During your use of the anti-spam functionality, we may receive and analyze information about emails, including content and senders to protect you from the spam and fraud. This functionality is intended to protect its users from any unwanted emails or spam. The anti-spam functionality analyzes information contained in emails reported by you as spam or as incorrectly identified as spam by the software.
• Data about stolen device
The Anti-theft feature provides certain remote access and control functions designed to protect data on your mobile phone in case of theft, as well allows you to receive information about the location of the stolen device. Anti-theft has to store data about your phone and approved users for these functions to work.
• Data for child protection feature
If a parent or holder of parental responsibility wants to use the child protection feature like Kaspersky Safe Kids, he or she can receive information about the child’s device and information about the child’s location. Additionally, the parent or holder of parental responsibility can configure parameters in order to block or permit specific websites and/or allow or prevent certain applications from running on the child’s device. Kaspersky Lab does not collect children’s data beyond the framework of such feature.
• Unique identifier of the mobile device
This device identifier is generated on user device on Android 8 and higher, using the Advertising ID of the device. We do not process the Advertising ID in clear text; we process only its hash sum. In case user has reset the value of the Advertising ID, the new value of the unique identifier of the mobile device will be associated with the old value, which is necessary for the correct use of the device with services.
KASPERSKY LAB WILL ONLY PROCESS PERSONAL DATA FOR PARTICULAR, PRE-DETERMINED PURPOSES THAT ARE LEGITIMATE WITH REGARD TO APPLICABLE LAW, AND THAT ARE RELEVANT TO KASPERSKY LAB’S BUSINESS.
• To ensure the performance of a contract with users and to ensure the required performance of products and services for customers.
• To protect the user from known threats to information security.
• To verify that the license is legal.
• To update the anti-virus databases.
• To increase the effectiveness of the protection of devices, networks, and information systems, in particular to provide a faster response to new information and network security threats, to increase the effectiveness of the performance of the software’s protection component, to decrease the probability of false positive.
• To improve user interaction and experience with our products and services, in particular changing interfaces and providing the desired content and advertisement, related to Marketing purpose.
• To provide technical support of products and services for customers and to improve the quality of products and services.
• To conduct statistical and other studies based on anonymous data.
Threat Intelligence for Protection of Cyber Space
New generations of malware appear all the time, many using new, sophisticated techniques to bypass existing security solutions. In this constantly shifting environment, protection is only as effective as the ability to closely analyze the threat landscape and distill data into actionable intelligence for our users. To achieve this, security solutions must apply a cloud approach that combines the widest possible scope of threat data handling with the most intelligent data processing technologies.
Our infrastructure is designed to receive and process complex global cyberthreat data, transforming it into the actionable threat intelligence that powers our products. A key source of threat-related data comes from our users. By sharing their data and allowing it to be stored and analyzed by artificial intelligence and experts, they help us to ensure that users around the world are protected against the newest cyberthreats. In particular, KSN helps us to respond rapidly to emerging cyberthreats while delivering the highest possible effectiveness of protection and helping reduce the number of false positives.
The amount of data you allow our infrastructure to receive depends on the product used, its configuration settings and preferences.
This approach offers numerous benefits for users and cyber space overall, including:
• Detection of advanced and previously unknown malware;
• Reduced detection errors (false positives);
• Significant reduction in response times to new threats.
Legal Bases Data Processing
The legal basis we use depends on the purpose of processing personal data, which may be the following:
• Contract – according to point (b) of Article 6 (1) GDPR, in cases where we have to process certain data necessary to perform a contract, such as when a user accepts the EULA to use the software;
• Consent – according to point (a) of Article 6 (1) GDPR, in cases where a user chooses to send us data relating to the KSN Statement, Marketing Statement, Antispam Statement, Supplemental Statement, Statement regarding Data Processing for Kaspersky Managed Protection, Statement regarding Data Processing for Web Control (previously called Statement regarding Data Processing for Parental Control), Statement regarding Data Processing for Call Filter, Protect a Friend Statement, or Technical Support Statement;
• Legal obligation – according to point (c) of Article 6 (1) GDPR, in cases where we have to process data to meet legal requirements, such as for tax purposes;
• Legitimate interest – according to point (f) of Article 6 (1) GDPR, in cases where we have legitimate interests as a cybersecurity company, except where such interests are overridden by the interests or fundamental rights and freedoms of the user. In such cases, for example, where personal data is stored in our infrastructure and analyzed for recent and potential cyberthreats by using artificial intelligence and/or relying on the expertise of our specialists. Recital 49 of the GDPR acknowledges that it is a legitimate interest of a company to process personal data to the extent necessary and proportionate in order to ensure network and information security.
Under certain local laws, you may be entitled to exercise rights in respect of your personal data, such as those described in the section Your Rights and Options. If you wish to exercise such right, please contact us via https://support.kaspersky.com/general/privacy.
LIMITATION OR RESTRICTION DATA PROCESSING
IF YOU CHOOSE NOT TO PROVIDE DATA THAT IS NECESSARY IN ORDER FOR A PRODUCT OR FEATURE TO WORK, YOU MAY NOT BE ABLE TO USE THAT PRODUCT OR FEATURE. THIS OBLIGATORY DATA IS LISTED IN THE END USER LICENSE AGREEMENT. THE KASPERSKY SECURITY NETWORK STATEMENT OR MARKETING STATEMENT CONTAINS A LIST OF DATA THAT USERS CAN DECIDE TO PROVIDE TO US AT ANY TIME BY CHECKING THE CORRESPONDING BOX IN THE PRODUCT SETTINGS (THEY CAN ALSO REVERSE THIS DECISION WHENEVER THEY CHOOSE).
What we aren't going to process
Through its products and services, Kaspersky Lab never process “sensitive” personal data such as religion, political views, sexual preference, or health, or other special categories of personal data. We do not wish to receive any such data and will not request it from you.
Kaspersky Lab’s products must be installed and used by an adult. Children may use the device where Kaspersky Lab’s product was installed only with permission from their parents or holder of parental responsibility. Except for “Data for child protection feature”, we do not intend to process personal data of children, nor do we want to receive such personal information of children.
Provision of Information
We never provide personal data of our users or access to them for state organization or third parties. We may only disclose the Information as follows:
• Within the Group of Companies Kaspersky Lab. Data can be shared.
• Service Providers. We also may share your information with vendors that provide services to us, including companies that provide web analytics, data processing, advertising, e-mail distribution, payment processing, order fulfillment, and other services.
Please note that some of our products, for example Kaspersky Secure Connection, use services of third parties whose privacy practices differ from Kaspersky Lab's. If you provide personal data to any of those services, your data is governed by their privacy statements. You are responsible for acquainting yourself with the data processing rules and procedures described in the relevant privacy statements.
Where we process Information
The personal data provided by users to Kaspersky Lab can be processed in the following countries, including countries outside European Union (EU) or the European Economic Area (EEA):
Within the EU or EEA:
• United Kingdom
Outside of the EU or EEA:
• South Korea
According to our general business practice, the data received from users in the EU are processed on servers located in the EU and Russia.
The personal data may be processed at destinations outside the EU or EEA some of which have not been determined by the European Commission to have an adequate level of data protection. It may also be processed by staff operating outside EU or EEA who work for us or for one of our service providers. In the absence of adequacy decisions or appropriate safeguards recognized by the European Commission, there may be risks for the user if the personal data is transmitted outside of the EU or EEA.
Whenever data is processed, we use the highest level of standards for data protection and apply a variety of legal measures in order to protect user data, guarantee safety and confidentiality, and ensure users’ rights. To learn more about the European Commission’s decisions on the adequacy of the protection of personal data in the countries where Kaspersky Lab processes data, please visit: ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en.
Your Rights and Options
You have certain rights regarding your personal data. We also offer you certain options about what personal data you provide to us, how we use that information, and how we communicate with you.
In most cases you can choose not to provide personal data to us when you use Kaspersky Lab’s products, services, and websites. You may also refrain from submitting information directly to us. However, if you do not provide personal data when requested, you may not be able to benefit from the full range of Kaspersky Lab products and services and we may not be able to provide you with information about products, services, and promotions.
You can at any time choose not to receive marketing communications by e-mail, if you have previously subscribed to receive them, by clicking on the unsubscribe link within the marketing e-mails you receive from us.
If your employer provides your personal data to Kaspersky Lab, you may have certain options with respect to Kaspersky Lab’s use or disclosure of the information. Please contact your employer to learn about and to exercise your options.
To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal data. We will apply your preferences going forward. In some circumstances, withdrawing your consent to Kaspersky Lab’s use or disclosure of your personal data will mean that you cannot take advantage of certain Kaspersky Lab products or services.
Subject to applicable law, you may have the following rights:
• To obtain confirmation that we hold personal data about you;
• To request access to and receive information about your personal data;
• To receive copies of your personal data that you provided to us, also in a machine-readable format and have it sent to another data controller, where technically possible;
• To update and correct inaccuracies in your personal data;
• To object to the processing of your personal data;
• To have the information blocked, anonymized or deleted, as appropriate; as well as
• To lodge a complaint with a supervisory authority.
The right to access personal data may be limited in some circumstances by the requirements of local law or technological measures, including where the data has been anonymized and therefore does not relate to an identified or identifiable natural person. If you wish to exercise these rights, you may at any time directly contact us at https://support.kaspersky.com/general/privacy.
If we fall short of your expectations in processing your personal data or you wish to make a complaint about our privacy practices, please relate this to us, as it gives us an opportunity to fix the problem. You may contact us by using the contact details provided in the “How to Contact Us” section below. To assist us in responding to your request, please give full details of the issue. We attempt to review and respond to all complaints within a reasonable time.
The Privacy Principles
Personal data processing at Kaspersky Lab is based on the following principles:
Consent and choice
• Presenting to the users the choice whether or not to send their personal data except where the users cannot freely withhold consent or where applicable law specifically allows the processing of personal data without the natural person’s consent. The user’s election must be freely given, specific and made on a knowledgeable basis;
• Informing users, before obtaining consent, about their rights under the individual participation and access principle;
• Providing users, before obtaining consent, with the information indicated by the openness, transparency and notice principle; and
• Explaining to users the implications of granting or withholding consent.
Purpose legitimacy and specification
• Ensuring that the purpose(s) complies with applicable law and relies on a permissible legal basis;
• Communicating the purpose(s) to users before the information is used for the first time for a new purpose;
• Using language for this specification which is both clear and appropriately adapted to the circumstances;
Data processing limitation
• Gathering of personal data to that which is within the bounds of applicable law and strictly necessary for the specified purpose(s).
• Deleting and disposing or anonymizing of personal data whenever the purpose for personal data processing has expired, there are no legal requirements to keep the personal data, or whenever it is practical to do so.
Use, retention and disclosure limitation
• Limiting the use, retention and disclosure of personal data to that which is necessary in order to fulfil specific, explicit and legitimate purposes;
• Limiting the use of personal data to the purposes specified by Kaspersky Lab prior to receiving the data, unless a different purpose is explicitly required by applicable law;
• Retaining personal data only as long as necessary to fulfill the stated purposes (e.g. retaining personal data required for the license for the period of the relevant license agreement between you and Kaspersky Lab, normally 1 year plus, if applicable, any renewal period, depending on the product’s license terms), and thereafter securely destroying or anonymizing it;
• Retaining personal data for as long as necessary in order to fulfill legal obligations, comply with laws, resolve disputes, including in cases of litigation, proceedings, or investigations;
• Retaining personal data for as long as necessary in order to fulfill legitimate interests; and
• Locking (i.e. archiving, securing and exempting the personal data from further processing) any personal data when and for as long as the stated purposes have expired, but where retention is required in order to comply with applicable laws.
Accuracy and quality
• Ensuring that the personal data processed is accurate, complete, up-to-date (unless there is a legitimate basis for keeping outdated data), adequate and relevant for the purpose of use;
• Ensuring the reliability of personal data provided from a source other than from users before it is processed;
• Verifying, through appropriate means, the validity and correctness of the claims made by the user prior to making any changes to the personal data (in order to ensure that the changes are properly authorized), where it is appropriate to do so;
• Establishing personal data processing procedures to help ensure accuracy and quality; and
• Establishing control mechanisms to periodically check the accuracy and quality of personal data processing.
Openness, transparency and notice
• Providing users with clear and easily accessible information about Kaspersky Lab’s policies;
• Establishing procedures and practices with respect to the processing of personal data;
• Including in notices the fact that personal data is being processed, the purpose for which this is done, the types of privacy stakeholders to whom the personal data might be disclosed, and the identity of the entity which determines the above and on how to contact;
• Disclosing the options and means offered by Kaspersky Lab to users for the purposes of limiting the processing of, and for accessing, correcting and removing their information;
• Giving notice to users when major changes in the personal data handling procedures occur.
Individual participation and access
• Giving users the ability to contact us (by using the contact details provided in the “How to Contact Us”) and review their personal data, provided their identity is first authenticated with an appropriate level of assurance and such access is not prohibited by applicable law;
• Allowing users (by using the contact details provided in the “How to Contact Us” or by using interface of our products and services) to challenge the accuracy and completeness of the personal data and have it amended, corrected or removed as appropriate and possible in the specific context;
• Providing any amendment, correction or removal to personal data processors and third parties to whom personal data had been disclosed, where they are known; and
• Establishing procedures to enable users to exercise these rights in a simple, fast and efficient way, which does not entail undue delay or cost.
Information Security: How We Protect Your Privacy
Information security is Kaspersky Lab’s core business. All data and all information provided by you is confidential by default. Kaspersky Lab will therefore always apply technical and organizational data security measures for the protection of personal data that are adequate and appropriate, taking into account the concrete risks resulting from the processing of personal data as well as up-to-date security standards and procedures. In order to, among other reasons, identify and fulfill the appropriate level of protection, Kaspersky Lab classifies processing systems with personal data and implements cascading sets of protective measures.
Kaspersky Lab also maintains physical, electronic and procedural safeguards to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Some of the other central features of our information security program are:
• The Information Security Department, which designs, implements and provides oversight to our information security program;
• A determination of personal data safety hazards in the course of processing in a Kaspersky Lab processing system;
• Application of appropriate information security tools;
• Performance evaluation of applied personal data security measures before commissioning processing systems;
• Implementing controls to identify, authenticate and authorize access to various services or websites;
• Discovering the facts surrounding unauthorized access to personal data and adopting corresponding measures;
• Recovery of personal data that was modified or destructed;
• Establishing access rules to personal data processed in Kaspersky Lab processing systems and also recording and accounting for all actions undertaken with personal data in these systems;
• Encryption between our clients and servers (and between our various data centers);
• We restrict access of our employees and contractors who need to know the information in order to process it for us and who are subject to strict contractual confidentiality obligations, to personal information. They may be disciplined or their contract terminated if they fail to meet these obligations;
• Monitoring of our systems infrastructure to detect weaknesses and potential intrusions;
• Monitoring measures taken to ensure the security of personal data;
• Providing Kaspersky Lab personnel with relevant training and continually updating our security practices in light of new risks and developments in technology.
How to Contact Us
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